Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Building and Construction Commissioner v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2017] FCA 704 File number: VID 73 of 2016
Judge: O'CALLAGHAN J
Date of judgment: 23 June 2017
Catchwords: INDUSTRIAL LAW – whether threats made with the intent of coercing entry into an enterprise agreement – whether contravention of s 343(1) of the Fair Work Act 2009 (Cth)
Legislation: Evidence Act 1995 (Cth), s 140 Fair Work Act 2009 (Cth), ss 343(1), 363 and 793
Cases cited: Australian Building and Construction Commissioner v Hall [2017] FCA 274 Briginshaw v Briginshaw (1938) 60 CLR 336 Fox v Percy (2003) 214 CLR 118
Date of hearing: 29, 30, 31 March, 2 June 2017
Registry: Victoria
Division: Fair Work
National Practice Area: Employment and Industrial Relations
Category: Catchwords
Number of paragraphs: 76
Counsel for the Applicant: Mr D I Star QC and Mr R W O'Neill
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the Respondents: Mr P J Doyle
Solicitor for the Respondents: Maurice Blackburn Lawyers
ORDERS VID 73 of 2016
BETWEEN: AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER
Applicant
AND: COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA
First respondent
NEIL O'BRIEN
Second respondent
JUDGE: O'CALLAGHAN J DATE OF ORDER: 23 June 2017
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